State Of Emergency Declared In Italy’s Drought-Stricken North

State Of Emergency Declared In Italy’s Drought-Stricken North

The Italian government declared a state of emergency in five northern regions because of a dangerous heatwave and drought — that are taking a toll on agriculture and threatening power supplies, according to Reuters

The emergency was declared on Monday and will remain in effect until the end of the year and give local authorities the tools to take immediate action, such as imposing water rationing on homes and businesses.

So far, 36.5 million euros ($38.1 million) have been earmarked for northern regions, such as Emilia-Romagna, Friuli Venezia Giulia, Lombardy, Piedmont, and Veneto, to tackle the water shortage.

“The state of emergency is aimed at managing the current situation with extraordinary means and powers, with relief and assistance to the affected population,” the government said.

Bloomberg’s two-week max temperature forecasts show the heatwave could worsen. 

High temperatures and arid conditions have brought the water levels of Po, Italy’s longest river, which runs for more than 650 km (400 miles) through the northern region, to lows not seen in seven decades. Po provides critical water supplies to vast amounts of farmland — the drought threatens about 30% of Italy’s agricultural produce and could lead to seasonal harvest declines for barley, grain, and rice. 

The extreme conditions have led to a 50% decline in hydroelectric power, which feeds about 15% of the country’s power needs. Less hydroelectric power will strain the grid and put more pressure on fossil fuel power generation amid an ongoing energy crisis.

Tyler Durden
Wed, 07/06/2022 – 04:15

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Brickbat: Surfing U.S.A.


Cop in car operating laptop

The Pinellas County, Florida, Sheriff’s Office has fired Deputy Joshua Sacino for violating his duties and responsibilities and committing acts unbecoming of members of the agency. An investigation found Sacino spent four hours one day parked in his patrol vehicle surfing the Internet. When asked to document his activities, Sacino told a supervisor he had stopped one car and given the driver a warning. He later drove to a Walmart, picked a car at random and wrote a report saying the vehicle’s driver was “involved in drug activity.” After reviewing his bodycam video, supervisors confronted Sacino, who confessed his lies. “It’s a serious matter,” said Pinellas County Sheriff Bob Gualtieri. “Deputy Sacino did this for self-serving reasons, to conceal his lack of activity and incompetence, with no regard of the consequences this report could have had for the citizen involved, or for any citizen operating that vehicle in the future.”

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Brickbat: Surfing U.S.A.


Cop in car operating laptop

The Pinellas County, Florida, Sheriff’s Office has fired Deputy Joshua Sacino for violating his duties and responsibilities and committing acts unbecoming of members of the agency. An investigation found Sacino spent four hours one day parked in his patrol vehicle surfing the Internet. When asked to document his activities, Sacino told a supervisor he had stopped one car and given the driver a warning. He later drove to a Walmart, picked a car at random and wrote a report saying the vehicle’s driver was “involved in drug activity.” After reviewing his bodycam video, supervisors confronted Sacino, who confessed his lies. “It’s a serious matter,” said Pinellas County Sheriff Bob Gualtieri. “Deputy Sacino did this for self-serving reasons, to conceal his lack of activity and incompetence, with no regard of the consequences this report could have had for the citizen involved, or for any citizen operating that vehicle in the future.”

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The Dutch Farmers’ Protest & The War On Food

The Dutch Farmers’ Protest & The War On Food

Authored by Kit Knightly via Off-Guardian.org,

This week, tens of thousands of farmers have gathered from all across the Netherlands to protest government policies which will reduce the number of livestock in the country by up to a third.

In a typical example of media weasel-wording, the press reports on this all headline something like “Dutch farmers protest emissions targets”, but this is a massive lie by omission.

The government policy being protested is a 25 BILLION Euro investment in “reducing levels of nitrogen pollution” true, but it plans to achieve this by (among other things) “paying some Dutch livestock farmers to relocate or exit the industry”.

In real terms, this ultimately means reducing the number of pigs, chickens and cows by about thirty per cent.

That’s what is being protested here – a deliberately shrinking of the farming sector, impacting the livelihood of thousands of farmers, and the food supply of literally hundreds of millions of people.

THE BIG PICTURE

While the scheme is allegedly about limiting nitrogen and ammonia emissions from urine and manure it’s hard not to see this in the broader context of the ongoing created food crisis.

The Netherlands produces a massive food surplus and is one of the largest exporters of meat in the world and THE largest in Europe. Reducing its output by a third could have huge implications for the global food supply, especially in Western Europe.

Perhaps more troubling is how this could act as a precedent.

This isn’t the first “pay farmers not to farm” scheme launched in the last year – both the UK and US have put such schemes in place – but a government paying to reduce it’s own meat production? That is a first.

That it is (allegedly) being done to “protect the environment” makes it a big warning sign for the future. Denmark, Belgium and Germany are already considering similar policies.

The Western world seems to be enthusiastically embracing quasi-suicidal policies.

I mean, paying farmers to reduce the amount of food they produce…while (notionally) threatened with war…in the midst of a recession…facing record inflation as the cost of living spirals.

Does that really make any sense?

That’s almost as crazy as refusing new oil and gas leases while the cost of petrol is going up.

Indeed, in a world beset by a shortage of fertiliser due to sanctions against Russia and Belarus, it would seem almost mad to complain about a manure surplus, let alone try to reduce it.

We’re well past the point where any of this could be considered accidental, aren’t we?

Put it this way – if the collective governments of the Western world were trying to impoverish and starve their own citizens, what exactly would they be doing differently?

Tyler Durden
Wed, 07/06/2022 – 03:30

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The Precedential Value of Shadow Docket Cases

Over the past year, the Supreme Court decided three important cases concerning the major questions doctrine. The third decision, West Virginia v. EPA, was decided on the regular docket. But the first two cases, like most COVID cases, were rendered on the shadow docket.

First, Alabama Association of Realtors v. HHS declared unlawful the eviction moratorium. Second, NFIB v. OSHA declared unlawful the vaccine/testing mandate. Both unsigned opinions relied on the major questions doctrine. At the time, I wrote that the Court has treated these shadow docket cases as precedential.

Now, we have West Virginia v. EPA. And the Court cites the Alabama case as part of the major questions canon. Here, the Court invokes Alabama and Brown & Williamson in the same breath:

Such cases have arisen from all corners of the administrative state. In Brown & Williamson, for instance, the Food and Drug Administration claimed that its authority over “drugs” and “devices” included the power to regulate, and even ban, tobacco products. Id., at 126–127. We rejected that “expansive construction of the statute,” concluding that “Congress could not have intended to delegate”such a sweeping and consequential authority “in so cryptic a fashion.” Id., at 160. In Alabama Assn. of Realtors v. Department of Health and Human Servs., 594 U. S. ___, ___ (2021) (per curiam) (slip op., at 3), we concluded that the Centers for Disease Control and Prevention could not, under its authority to adopt measures “necessary to prevent the . . . spread of ” disease, institute a nationwide eviction moratorium in response to the COVID–19 pandemic. We found the statute’s language a “wafer-thin reed” on which to rest such a measure, given “the sheer scope of the CDC’s claimed authority,” its “unprecedented” nature, and the fact that Congress had failed to extend the moratorium afterpreviously having done so. Id., at ___–___ (slip op., at 6–8).

And here, the Court lists Alabama in a string cite with Brown & Williamson and Gonzales v. Oregon:

And the Agency’s discovery allowed it to adopt a regulatory program that Congress had conspicuously and repeatedly declined to enact itself. Brown & Williamson, 529 U. S., at 159–160; Gonzales, 546 U. S., at 267–268; Alabama Assn., 594 U. S., at ___, ___ (slip op., at 2, 8). 

The Court also cites NFIB v. OSHA in the same passage as Gonzales v. Oregon:

Similar considerations informed our recent decision invalidating the Occupational Safety and Health Administration’s mandate that “84 million Americans . . . either obtain a COVID–19 vaccine or undergo weekly medical testing at their own expense.” National Federation of Independent Business v. Occupational Safety and Health Administration, 595 U. S. ___, ___ (2022) (per curiam) (slip op., at 5). We found it “telling that OSHA,in its half century of existence,” had never relied on its authority to regulate occupational hazards to impose such aremarkable measure. Id., at ___ (slip op., at 8). 

By contrast, Fulton, quite deliberately did not cite Tandom v. Newsom or Roman Catholic Diocese.

I think the Court is signaling that a published decision with some analysis should be treated as precedential, even if rendered in the absence of full briefing and oral argument. Relatedly, Judge Trevor McFadden and Vetan Kapoor wrote a helpful article summarizing whether an emergency stay order is precedential.

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The Precedential Value of Shadow Docket Cases

Over the past year, the Supreme Court decided three important cases concerning the major questions doctrine. The third decision, West Virginia v. EPA, was decided on the regular docket. But the first two cases, like most COVID cases, were rendered on the shadow docket.

First, Alabama Association of Realtors v. HHS declared unlawful the eviction moratorium. Second, NFIB v. OSHA declared unlawful the vaccine/testing mandate. Both unsigned opinions relied on the major questions doctrine. At the time, I wrote that the Court has treated these shadow docket cases as precedential.

Now, we have West Virginia v. EPA. And the Court cites the Alabama case as part of the major questions canon. Here, the Court invokes Alabama and Brown & Williamson in the same breath:

Such cases have arisen from all corners of the administrative state. In Brown & Williamson, for instance, the Food and Drug Administration claimed that its authority over “drugs” and “devices” included the power to regulate, and even ban, tobacco products. Id., at 126–127. We rejected that “expansive construction of the statute,” concluding that “Congress could not have intended to delegate”such a sweeping and consequential authority “in so cryptic a fashion.” Id., at 160. In Alabama Assn. of Realtors v. Department of Health and Human Servs., 594 U. S. ___, ___ (2021) (per curiam) (slip op., at 3), we concluded that the Centers for Disease Control and Prevention could not, under its authority to adopt measures “necessary to prevent the . . . spread of ” disease, institute a nationwide eviction moratorium in response to the COVID–19 pandemic. We found the statute’s language a “wafer-thin reed” on which to rest such a measure, given “the sheer scope of the CDC’s claimed authority,” its “unprecedented” nature, and the fact that Congress had failed to extend the moratorium afterpreviously having done so. Id., at ___–___ (slip op., at 6–8).

And here, the Court lists Alabama in a string cite with Brown & Williamson and Gonzales v. Oregon:

And the Agency’s discovery allowed it to adopt a regulatory program that Congress had conspicuously and repeatedly declined to enact itself. Brown & Williamson, 529 U. S., at 159–160; Gonzales, 546 U. S., at 267–268; Alabama Assn., 594 U. S., at ___, ___ (slip op., at 2, 8). 

The Court also cites NFIB v. OSHA in the same passage as Gonzales v. Oregon:

Similar considerations informed our recent decision invalidating the Occupational Safety and Health Administration’s mandate that “84 million Americans . . . either obtain a COVID–19 vaccine or undergo weekly medical testing at their own expense.” National Federation of Independent Business v. Occupational Safety and Health Administration, 595 U. S. ___, ___ (2022) (per curiam) (slip op., at 5). We found it “telling that OSHA,in its half century of existence,” had never relied on its authority to regulate occupational hazards to impose such aremarkable measure. Id., at ___ (slip op., at 8). 

By contrast, Fulton, quite deliberately did not cite Tandom v. Newsom or Roman Catholic Diocese.

I think the Court is signaling that a published decision with some analysis should be treated as precedential, even if rendered in the absence of full briefing and oral argument. Relatedly, Judge Trevor McFadden and Vetan Kapoor wrote a helpful article summarizing whether an emergency stay order is precedential.

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Gazprom Head Proposes Rubles For LNG Scheme

Gazprom Head Proposes Rubles For LNG Scheme

Russian gas producer Gazprom PJSC proposed to expand the rubles-for-gas scheme to liquified natural gas (LNG), the Interfax news agency quoted Kirill Polous, head of Gazprom’s long-term development department.

Polous, who spoke at a State Duma Energy Committee round table at which Russia’s Energy Strategy for the next three decades was discussed, proposed that customers pay rubles for its LNG exports. 

“Pipeline gas is sold to European counter-parties from unfriendly states for rubles, but such measures don’t apply to LNG,” he told the State Duma Energy Committee. “Thus, there is already some kind of currency competition between Russian pipeline gas and LNG supplies.”

President Putin has declared that all “unfriendly” countries buying Russian natural gas fulfill their payments in roubles. This has been a significant problem for the European Union, which gets an estimated 40% of its NatGas from Russia. 

Russia already runs the ruble-for-gas payment system for the natural gas it sends to Europe via pipeline. Gazprom has already stopped supplying gas to countries and companies refusing to bow to the rubles demand—Poland, Bulgaria, Finland, as well as customers in the Netherlands, Denmark, and Germany.

Many European companies have set up accounts in rubles at Gazprombank to comply with Putin’s demand. Nevertheless, Gazprom slashed pipeline supply to Germany and Italy in the middle of June, claiming “technical reasons” and saying Western sanctions prevent a gas turbine being repaired in Canada from returning to Russia in time. Italy’s Prime Minister Mario Draghi dismissed this explanation, describing the Russian reasons for the reduced flows as “lies.”

With low supply from Russia and Nord Stream up for a two-week maintenance this month, Europe scrambles to fill gas storage in time for the winter. –OilPrice.com 

The move has made the rouble the world’s best-performing currency this year, despite Western sanctions aimed at crippling Moscow. 

Polous’ proposal comes as Russia seized operations of the Sakhalin-2 LNG plant last week. Putin has signed an order to create a new firm to take over Sakhalin Energy Investment Co.

Russia accounts for 8% of the global LNG supply, with the bulk of it consumed in Asia. In Europe, Spain is one of the largest buyers of Russian LNG.

Moscow could easily extend the rouble scheme to other exports, including oil, grain, fertilizers, coal, metals, and other key commodities, boosting the currency’s value and bringing in more cash. A larger amount of roubles demanded in international markets to purchase Russian commodities is Moscow’s way of challenging US dollar dominance in global trade. 

Tyler Durden
Wed, 07/06/2022 – 02:45

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Luongo: Why Joe Biden Refuses To Back Off Ukraine

Luongo: Why Joe Biden Refuses To Back Off Ukraine

Authored by Tom Luongo via Gold, Goats, ‘n Guns blog,

Over the weekend I was asked by Sputnik News to comment on why President Biden was so set on supporting Ukraine against Russia with money and weapons despite abysmal approval ratings and a fiscal budget hole that widens daily.

Here’s a link to the article Sputnik published. They give me pretty much the second half of the article.

Meanwhile, American geopolitical analyst Tom Luongo remarked that the ongoing conflict in the eastern European nation is nothing more than a “war between civilizations,” in US neoconservatives’ efforts to “forestall Russia taking control of Ukraine.”

Touching on Washington officials’ motives behind the ever-increasing aid to Kiev, Luongo told Sputnik that the American president, “as a proxy for the oligarchs in Davos, is acting on their behalf to ultimately weaken the US by sending weapons overseas and destroying US leadership and credibility.”

The short answer is what I’ve been saying for nearly three years now, The Davos Crowd wants the US destroyed and it is working from within and without our government to achieve that goal. Biden’s staunch support of Ukraine fits that thesis perfectly.

As I wrote about in my last article, depleting US and Western weapons stockpiles while exposing to the world the vulnerability of manufacturing is a key data point for the Global South to stand up publicly and defy Biden and Davos on any further attempts to isolate Russia.

I have to think, at a certain level, Biden is so out of touch with reality that he actually believes the sanctions are working and that Putin’s regime is going to collapse any time now. He’s as likely in the dark about the reality of the real situation as UAF army regulars fighting in the Donbass were about the real war, rather than the propaganda they were being fed.

Between now and the midterms you can expect further acceleration of the Davos agenda in D.C. Spending billions supporting Ukraine is yet another way to try to push the Fed into not raising rates any farther.

It’s a pathetic billion here, billion there. So, it’s truly irrelevant, but it shows the utter desperation of their position. If anything, these latest announced tranches of support are simply a mix of good ol’ fashioned payola to keep certain people quiet and a last grab at the till before it all gets shut down.

I know there are storm clouds of war on the horizon, and it’s clear that many within NATO are simply trying to draw out the fighting in Eastern Ukraine until such time that the West can counterstrike against Russia and drive her back.

Personally, I can’t see that strategy having any real support outside of the room where George Soros rails in his narcissistic dementia, but hey, that’s just me talking.

As always, thanks to Olga at Sputnik for her questions and here is the full text of what I sent to them.

This is yet more US funding for Ukraine. What are the motives behind continuously fueling Ukraine with money and military assistance?

It is a deep-seated need by neoconservatives to forestall Russia taking control of Ukraine. This conflict is a war between civilizations. Biden, as a proxy for the oligarchs in Davos, is acting on their behalf to ultimately weaken the U.S. by sending weapons overseas and destroying U.S. leadership and credibility.

This will only end when there is a real political revolution in the U.S.

This comes amid an economic crisis, Biden’s plummeting approval ratings and other hot issues in the US. Why is the Biden administration so focused on the conflict overseas instead of fixing problems at home?

He was put in charge to destroy the U.S. Biden and his administration are vandals. They are not acting in the U.S.’s best interests but have subordinated our public policy to the wishes of foreign powers. Too many conservatives want to align the DNC with China, but it’s clear that while China is helping erode the political cohesiveness of the U.S. it is Davos and their Climate Change/technocracy agenda that is pulling all the strings.

Why is the US not spending this money subsidizing the energy sector, for example, to maintain the country’s energy security and protect its citizens?

This question answers itself. The U.S. is being run by traitors. I wish it was more complicated than that. But it isn’t.

How long can the US economy afford to sponsor Washington’s ambitions?

Not much longer. This is why, at this late date, in my opinion, there is sincere and seriously organized pushback coming from the most unlikely place, some of the U.S. megabanks and the Federal Reserve, who is aggressively tightening monetary policy to drain the world of dollars and break both the offshore (Euro)dollar markets and put China’s financial partners, namely Hong Kong, under sincere pressure.

If the Fed doesn’t do this now, the odds of a political disintegration of the U.S. by the end of the decade rise dramatically.

Where does this massive funding package come from? Where does the US get the money for this huge amount?

For this year, from money already allocated, but ultimately Congress has to sell debt into the market which either has to be bought domestically, internationally or monetized by the Fed.

The Fed is raising rates to stop the money spigot in D.C. by forcing Congress to act more responsibly. Think of these spending allocations and pledges, like the $600 billion for global infrastructure to thwart China’s Belt and Road Initiative as attempts at blackmailing a reluctant Fed to monetize debt the world no longer wants to buy.

The Federal Reserve Bank of Atlanta warned that the US GDP might decrease 1% in second quarter of 2022. This could mean the start of a recession. How high are the chances of a large-scale economic collapse in the wake of this?

There is a large gulf between a recession and ‘large-scale economic collapse.’ The Fed can and should do what its doing to force resolutions on many outstanding geopolitical issues and imbalances. If it’s going to ‘act globally’ this is how is should do so, by taking away the punchbowl of offshore USD-based credit, Eurodollars, and regain control over its own monetary policy.

If that process causes a severe contraction and economic dislocation in the U.S. economy for a year or two that is the price one must pay to balance the books from the previous inflationary boom. I think the worst of those effects on the US economy will be blunted by the complete collapse of the European economy and sovereign debt markets, however. It won’t last forever, two maybe three years, but it will be enough time to effect real political change. We’ll know at this year’s mid-term elections what the American people really think about these things.

Tyler Durden
Wed, 07/06/2022 – 02:00

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The Legality of DACA After West Virginia v. EPA

Last month, DACA turned ten years. Despite its vintage, the Supreme Court has never passed on the legality of the policy. Indeed, DHS v. Regents ducked the issue altogether, finding that the Trump Administration failed to justify the DACA rescission. (That precedent seemed to have expired with Biden v. Texas.) In Regents, I filed an amicus brief on behalf of the Cato Institute. We argued that DACA would trigger the major question doctrine.

As I read through West Virginia v. EPA, my mind kept wandering to DACA. Much of the Chief’s analysis concerning the Clean Air Act would apply to federal immigration law.

DACA involves what I called “presidential discovery” of a transformative power in general provisions of the INA–a transformation that Congress repeatedly declined to enact by statute. The Chief Justice laid out some guardrails in West Virginia:

Under our precedents, this is a major questions case. In arguing that Section 111(d) empowers it to substantially restructure the American energy market, EPA “claim[ed] to discover in a long-extant statute an unheralded power” representing a “transformative expansion in [its] regulatory authority.” Utility Air. It located that newfound power in the vague language of an “ancillary provision[]” of the Act, Whitman, one that was designed to function as a gap filler and had rarely been used in the preceding decades. And the Agency’s discovery allowed it to adopt a regulatory program that Congress had conspicuously and repeatedly declined to enact itself. Brown & Williamson; Gonzales; Alabama Assn. Given these circumstances, there is every reason to “hesitate before concluding that Congress” meant to confer on EPA the authority it claims under Section 111(d). Brown & Williamson.

Finally, we cannot ignore that the regulatory writ EPA newly uncovered conveniently enabled it to enact a program that, long after the dangers posed by greenhouse gas emissions “had become well known, Congress considered and rejected” multiple times. Brown & Williamson; see also Alabama Assn.; Bunte Brothers (lack of authority not previously exercised “reinforced by [agency’s] unsuccessful attempt … to secure from Congress an express grant of [the challenged] authority”). At bottom, the Clean Power Plan essentially adopted a cap-and-trade scheme, or set of state cap-and-trade schemes, for carbon. Congress, however, has consistently rejected proposals to amend the Clean Air Act to create such a program. It has also declined to enact similar measures, such as a carbon tax. “The importance of the issue,” along with the fact that the same basic scheme EPA adopted “has been the subject of an earnest and profound debate across the country, … makes the oblique form of the claimed delegation all the more suspect.” Gonzales.

Virtually every clause in these paragraphs can be applied to DACA.

Admittedly, the “expertise” point cuts differently. The Court found that the EPA lacks expertise to create the generating shifting approach. By contrast, DHS would have the expertise with regard to DACA. Still, the Court does not require a lack of relevant expertise to trigger the major questions doctrine. Justice Gorsuch recognized this point in his concurrence:

The dissent not only agrees that a mismatch between an agency’s expertise and its challenged action is relevant to the major questions doctrine analysis; the dissent suggests that such a mismatch is necessary to the doctrine’s application. But this Court has never taken that view. See, e.g., Brown & Williamson, (drug agency regulating tobacco); King v. Burwell (2015) (tax agency administering tax credits).

Eventually, the DACA litigation will hit the Fifth Circuit. West Virginia v. EPA will play an important role in that case.

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The Legality of DACA After West Virginia v. EPA

Last month, DACA turned ten years. Despite its vintage, the Supreme Court has never passed on the legality of the policy. Indeed, DHS v. Regents ducked the issue altogether, finding that the Trump Administration failed to justify the DACA rescission. (That precedent seemed to have expired with Biden v. Texas.) In Regents, I filed an amicus brief on behalf of the Cato Institute. We argued that DACA would trigger the major question doctrine.

As I read through West Virginia v. EPA, my mind kept wandering to DACA. Much of the Chief’s analysis concerning the Clean Air Act would apply to federal immigration law.

DACA involves what I called “presidential discovery” of a transformative power in general provisions of the INA–a transformation that Congress repeatedly declined to enact by statute. The Chief Justice laid out some guardrails in West Virginia:

Under our precedents, this is a major questions case. In arguing that Section 111(d) empowers it to substantially restructure the American energy market, EPA “claim[ed] to discover in a long-extant statute an unheralded power” representing a “transformative expansion in [its] regulatory authority.” Utility Air. It located that newfound power in the vague language of an “ancillary provision[]” of the Act, Whitman, one that was designed to function as a gap filler and had rarely been used in the preceding decades. And the Agency’s discovery allowed it to adopt a regulatory program that Congress had conspicuously and repeatedly declined to enact itself. Brown & Williamson; Gonzales; Alabama Assn. Given these circumstances, there is every reason to “hesitate before concluding that Congress” meant to confer on EPA the authority it claims under Section 111(d). Brown & Williamson.

Finally, we cannot ignore that the regulatory writ EPA newly uncovered conveniently enabled it to enact a program that, long after the dangers posed by greenhouse gas emissions “had become well known, Congress considered and rejected” multiple times. Brown & Williamson; see also Alabama Assn.; Bunte Brothers (lack of authority not previously exercised “reinforced by [agency’s] unsuccessful attempt … to secure from Congress an express grant of [the challenged] authority”). At bottom, the Clean Power Plan essentially adopted a cap-and-trade scheme, or set of state cap-and-trade schemes, for carbon. Congress, however, has consistently rejected proposals to amend the Clean Air Act to create such a program. It has also declined to enact similar measures, such as a carbon tax. “The importance of the issue,” along with the fact that the same basic scheme EPA adopted “has been the subject of an earnest and profound debate across the country, … makes the oblique form of the claimed delegation all the more suspect.” Gonzales.

Virtually every clause in these paragraphs can be applied to DACA.

Admittedly, the “expertise” point cuts differently. The Court found that the EPA lacks expertise to create the generating shifting approach. By contrast, DHS would have the expertise with regard to DACA. Still, the Court does not require a lack of relevant expertise to trigger the major questions doctrine. Justice Gorsuch recognized this point in his concurrence:

The dissent not only agrees that a mismatch between an agency’s expertise and its challenged action is relevant to the major questions doctrine analysis; the dissent suggests that such a mismatch is necessary to the doctrine’s application. But this Court has never taken that view. See, e.g., Brown & Williamson, (drug agency regulating tobacco); King v. Burwell (2015) (tax agency administering tax credits).

Eventually, the DACA litigation will hit the Fifth Circuit. West Virginia v. EPA will play an important role in that case.

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